Bill Text: CA AB2705 | 2019-2020 | Regular Session | Amended


Bill Title: Electricity: deenergization events.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - Re-referred to Com. on U. & E. [AB2705 Detail]

Download: California-2019-AB2705-Amended.html

Amended  IN  Assembly  March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2705


Introduced by Assembly Member Low

February 20, 2020


An act relating to electricity. An act to add Section 8386.7 to the Public Utilities Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


AB 2705, as amended, Low. Deenergization events. Electricity: deenergization events.
Existing law requires each electrical corporation to annually prepare a wildfire mitigation plan and to submit the plan to the Public Utilities Commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event.
This bill would require an electrical corporation to include, as a part of the notification of its customers of a deenergization event, an estimate of the duration of the deenergization event and an estimate of the total area affected, and would require the electrical corporation to update those estimates in subsequent notifications of the deenergization event. The bill would require the electrical corporation to provide initial notifications of a deenergization event to all potentially affected customers at least 72 hours, and again approximately 48 and 24 hours, before the deenergization event using personalized contact, as specified. The bill would require the electrical corporation to additionally provide an initial notification to the public by specified publicly accessible media at least 72 hours before the deenergization event. If the electrical corporation fails to comply with these notification requirements, the bill would require the electrical corporation to submit to the commission written justification for noncompliance. The bill would assess a specified penalty if the commission determines that the noncompliance is not justified. The bill would require the commission to require each electrical corporation to establish a program to provide backup energy storage systems for critical facilities and critical infrastructure, as specified, to enable them to continue operation during a deenergization event and a program to provide those systems to customers receiving medical baseline allowances to enable those customers to continue operating their life-support equipment during a deenergization event. The bill would prohibit an electrical corporation from recovering from its customers the costs incurred for a deenergization event under specified circumstances.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because this bill requires action by the commission to implement its requirements, and because a violation of that action would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event.

This bill would state the intent of the Legislature to enact legislation with regard to notifications by electrical corporations relating to deenergization events.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Electricity Customer Bill of Rights.

SEC. 2.

 Section 8386.7 is added to the Public Utilities Code, to read:

8386.7.
 (a) For purposes of this section, the following definitions apply:
(1) “Critical facility” or “critical infrastructure” shall have the same meaning as set forth in the commission’s Decision 19-05-042 (May 30, 2019), Decision Adopting De-Energization (Public Safety Power Shut-Off) Guidelines (Phase 1 Guidelines), or any subsequent amendments to that definition made by the commission.
(2) “Deenergization event” means an intentional, temporary termination of electrical service to an area for the purpose of reducing or eliminating the risk of wildfires resulting from the operation of the electrical grid or related facilities.
(3) “Emergency backup system” means an electric storage technology, which may or may not be coupled with a distributed generation unit that complies with the emissions standards adopted by the State Air Resources Board pursuant to Section 94203 of Title 17 of the California Code of Regulations or any successor regulation.
(b) (1) An electrical corporation shall, as a part of the notification of its customers of a deenergization event, provide an estimate of the duration of the deenergization and the estimate of the total area expected to be affected, and shall provide updates of these estimates in all subsequent notifications sent during the deenergization event.
(2) Initial notifications shall be provided to all potentially affected customers at least 72 hours, and again approximately 48 and 24 hours, before a deenergization event. Each notification shall provide estimates of the time of the initiation of the deenergization, and each shall be provided, taking into account any disabilities and the preferred language of the affected customer, by at least one of the following means:
(A) A phone call that successfully contacts the customer or where a voice message is left, as authorized by law.
(B) A Short Message Service (SMS) text message, as authorized by law.
(C) Electronic mail.
(D) In-person notification.
(E) Providing notification left on the customer’s door.
(3) The electrical corporation shall provide the initial notification to the public at least 72 hours before the deenergization event through news media, social media, or the electrical corporation’s internet website.
(c) If notification required pursuant to subdivision (b) is not provided to any customer, the electrical corporation shall submit to the commission justification for its failure. If the commission determines that the violation is not justifiable, a penalty of ten dollars ($10) per customer who did not receive the proper notification shall be imposed on the electrical corporation.
(d) (1) The commission shall require each electrical corporation to establish a program to provide emergency backup systems for critical facilities or critical infrastructure to enable those facilities and infrastructure to continue to operate during a deenergization event.
(2) The commission shall require each electrical corporation to establish a program to provide emergency backup systems to its customers that are receiving medical baseline allowances pursuant to subdivision (c) of Section 739 to enable those customers to continue operating their life-support equipment, as defined in Section 739, during a deenergization event.
(e) An electrical corporation shall not recover from its customers the costs incurred for a deenergization event under any of the following circumstances:
(1) The deenergization event is found, upon review by the commission, to be in violation of guidelines, recommendations, rules, or orders of the commission, or in violation of any law.
(2) The electrical corporation has implemented two or more planned deenergization events in the calendar year.
(3) The electrical corporation has been found guilty of violating state or federal law in the previous three years.
(4) The electrical corporation has filed for bankruptcy protection on and after January 1, 2021.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation with regard to notifications by electrical corporations relating to deenergization events.

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